SIGNIFICANT REPRESENTATIONS & REPRESENTATIVE CASES
CHAPTER 11 DEBTOR REPRESENTATIONS
Filmed Entertainment Inc.
Counsel to "direct-to-customer" distributor operating the Columbia House DVD Club brand in the Chapter 11 structured liquidation and wind down of its affairs.
LyondellBasell Industries AF
Counsel to debtors in chapter 11 cases of $33 billion international chemical company.
Counsel to one of the big three U.S. automakers in the (then) sixth largest chapter 11 case ever filed.
Northwest Airlines, Inc.
Counsel to world’s (then) fifth largest airline in the successful restructuring of more than $13 billion of debt in its chapter 11 cases.
Saint Vincent Catholic Medical Centers of New York
Counsel to debtors in the first chapter 11 reorganization cases of $1.6 billion New York City hospital.
Global Technovations, Inc.
Counsel to the debtors in the successful chapter 11 restructuring of a $59 million automotive specialty supplier based in Palm Beach Gardens, Florida.
Lehman Brothers Holdings, Inc.
Special counsel to Lehman in its historic chapter 11 cases, in connection with representing the debtors in disputes involving various derivative and structured products transactions, and in its capacity as secured lender in certain real estate financings.
Bear Stearns & Co.
Counsel to company in connection with the preparation of a potential emergency chapter 11 filing.
Dewey & LeBeouf LLP
Counsel to global law firm in the Chapter 11 structured liquidation and wind down of its affairs.
Betsey Johnson LLP
Counsel to clothing retailer in connection with its chapter 11 structured liquidation and wind down.
Delphi Automotive LLP
Represented the debtor in successfully responding to motions to dismiss $700 million in preference actions and conducted investigation of short selling by banks and hedge funds that had pledged funds for, but refused to consummate, an agreement which would have funded Delphi’s exit from bankruptcy.
General Motors Corporation
Represented General Motors bankruptcy estate in dispute concerning creditor Deutsche Bank’s attempt to set off $24 million claim under swap agreement against corporate bonds leading to a multi-million dollar settlement.
Represented the Enron bankruptcy estate in prosecuting multi-billion dollar claims in the “Mega Claims” litigation against Citigroup, JP Morgan Chase and other banks for their role in Enron’s collapse.
Represented bankruptcy trustee in prosecuting claims for damages resulting from mismanagement of a New York Stock Exchange-traded REIT leading to a $50 million settlement.
Represented bankruptcy trustee seeking to undo fraudulent transfers from judgment debtor to his ex-wife leading to a settlement in excess of $1 million.
Represented one of a group of affiliated debtors in depositions and trial concerning reinstatement of the debtor’s bank facility despite its bankruptcy.
Ellen Tracy LLC
Represented bankruptcy trustee in prosecuting claims against former insiders for mismanaging the company leading to a multi-million dollar mediated settlement.
Represented Frontier Airlines in stopping credit card processor from forcing Frontier to cease operations by withholding credit card payments, which would have precipitated a cash flow crisis.
International Foreign Exchange Concepts
Counsel to debtor hedge fund in negotiating a favorable resolution of claims against its former C.E.O. and defending employment claims by a former trader.
Represented the trustee of the Richcourt and Soundview Funds in litigating against Citco Group, one of the world’s largest hedge fund administrators, for damages resulting from Citco’s sale of the Funds’ management to the notorious Buddy Fletcher, yielding a $26 million settlement.
Represented debtor Tower Automotive in litigating complex, multi-million dollar lease dispute against Goldman Sachs and in resolving millions of dollars in preference actions.
DISTRESSED M&A REPRESENTATIONS
Communication Dynamics, Inc.
Counsel to $236 million international fiber optics manufacturing and distribution company in the successful section 363 sale of substantially all of their assets.
Mirant Corporation, Inc.
Counsel to chapter 11 international energy company with more than $10 billion in debt in the sale ofnatural gas-fired power plant.
HIG Capital, LLC
Counsel to stalking horse bidder in connection with attempted acquisition of national restaurant chain.
WL Ross & Co. LLC
Counsel to stalking horse bidder in connection with attempted acquisition of bankrupt Global Safety Textile Holdings LLC, an international automotive supplier.
Montefiore Medical Center
Counsel to affiliates of the Montefiore Medical Center in the acquisition of a Westchester County hospital system pursuant to section 363 of the Bankruptcy Code.
South Nassau Communities Hospital
Counsel to South Nassau Communities Hospital in the acquisition of a Long Island hospital and skilled nursing facility utilizing section 363 of the Bankruptcy Code.
Grubb & Ellis Corporation
Counsel to national commercial real estate firm in connection with the section 363 sale of substantially all of its assets, and wind down.
CREDITORS COMMITTEE REPRESENTATIONS
Energy Partners, Ltd.
Representation of official committee of unsecured noteholders in the chapter 11 cases of $770 million oil and gas exploration company, where noteholders received a 95% ownership interest in the company upon emergence pursuant to a plan-facilitated debt for equity exchange.
The IT Group, Inc.
Counsel to official committee of unsecured creditors in the chapter 11 cases of $1.3 billion environmental remediation company, where unsecured creditors received recovery on their claims.
Quality Stores, Inc.
Representation of official committee of unsecured creditors in the restructuring of $797 million national specialty retailer of farm and agriculture-related merchandise, leading to recovery for unsecured creditors where debtors initially indicated no recovery.
Haven Health Care, Inc.
Counsel to the chairman of the official committee of unsecured creditors in chapter 11 cases of a New England-based chain of skilled nursing facilities.
AMR Corporation (American Airlines)
Conflicts counsel to Official Committee of Unsecured Creditors in the chapter 11 reorganization of multi-billion dollar commercial aviation company, where unsecured creditors received 100% recovery on claims.
Eastman Kodak Company
Conflict counsel to Official Committee of Unsecured Creditors in the chapter 11 reorganization of iconic imaging company, where unsecured creditors received distribution on claims.
Nortel Networks Inc.
Counsel to Official Committee of Retired Employees in obtaining a $67 million settlement in negotiations under section 1114 of the Bankruptcy Code concerning Nortel’s efforts to terminate retirees’ health insurance and related benefits without compensation.
The Royal Bank of Scotland
Representation of client in the commutation and settlement of certain collateralized debt obligations.
JP Morgan Chase Bank
Representation of client as administrative agent in connection with out-of-court restructuring of Centro Properties, an international retail investment organization specializing in the ownership, management and development of retail shopping centers.
Counsel to client in its capacity as insurer of numerous distressed municipal bond issuances.
Counsel to large “anchor-tenant” and Official Committee of Unsecured Creditors Committee member in the General Growth Properties chapter 11 reorganization, which resulted in the favorable disposition of claims and business concessions for tenant.
Represented “BCFC” financing entity holding more than $600 million in claims against its parent in a Delaware cross-border U.S.-Canadian bankruptcy.
Counsel to regional airline, general unsecured creditor of Mesa Air Group, which resulted in the favorable disposition of claims, and renegotiated contracts on terms favorable to client airline.
CHAPTER 5 AVOIDANCE ACTION DEFENSE & PROSECUTION
King & Spalding LLP
Defended multi-national law firm in avoidance action, which resulted in complete dismissal of lawsuit in excess of $1M.
James River Coal Company
Represented several preference defendants and obtained consensual settlements while navigating issues unique to preference actions involving the fossil fuel industry.
Represented preference defendants in the Bankruptcy Court for the District of Delaware and resolved such actions to clients’ benefit without the need for litigation.
Kid’s Brand Inc.
Represented preference defendants in matters governed by Third Circuit preference law.
Collins & Aikman
Prosecuted 1,162 preference actions for post-confirmation trust, which resulted in $66 million in recoveries.
Saint Vincents Catholic Medical Centers
Prosecuted 250 preference actions for liquidating trustee, which resulted in $5.8 million in recoveries.
Eastman Kodak Company
Prosecuted 245 preference actions for general unsecured claimants’ trustee, which resulted in 130% cash recovery on net recoverable preference exposure.
Grub & Ellis Company
Prosecuted 168 preference actions for chapter 11 plan administrator, which resulted in 106% cash recovery on net recoverable preference exposure.
Prosecuted 350 preference actions for litigation trust, resulting in a greater than 100% of net preference recovery.
Successfully represented seller of an apparel business in litigating claims in U.S. District Court at trial and on appeal.
Represented court-appointed expert in conducting discovery and preparing expert report to resolve $10 billion dispute concerning the valuation of Calpine Corporation.
Drafted 200-page post-trial memorandum which led U.S. District Court to award no damages even though it found, in a published opinion, that defendant had defrauded the purchaser of his business.
Represented Future Claims Representative in billion-dollar asbestos bankruptcy.
Nextel Retail Stores Inc. v. LTCW Trust (In re Telephone Warehouse, Inc.), 124 Fed.Appx. 72 (3d Cir. 2005)
*GRIFFIN HAMERSKY LLP attorneys were engaged on certain of the matters set forth above prior to joining the firm.